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What Went Wrong: Torture And The Office Of Legal Counsel In The Bush Administration: Hearing Before The Subcomm. On Administrative Oversight And The Courts Of The S. Comm. On The Judiciary, 111th Cong., May 13, 2009 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban
Testimony Before Congress
The mission of the Office of Legal Counsel is to give the President advice to guide him in fulfilling an awesome constitutional obligation: to take care that the laws are faithfully executed. Faithful execution means interpreting the law without stretching it and without looking for loopholes. OLC's job is not to rubber-stamp administration policies, and it is not to provide legal cover for illegal actions.
Unfortunately, the interrogation memos fall far short of professional standards of candid advice and independent judgment. They involve a selective and in places deeply eccentric reading of the law. The memos cherry-pick sources of law …
From The Department Of Justice To Guantanamo Bay; Administration Lawyers And Administration Interrogation Rules, Part I: Hearing Before The Subcomm. On The Constitution, Civil Rights And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., May 6, 2008 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban
Testimony Before Congress
Government lawyers have an awesome responsibility. Office of Legal Counsel opinions bind the entire executive branch. They have the force of law inside that branch. The idea that unelected lawyers are writing secret legal opinions that spin the law makes a mockery of democratic government. It means the executive branch is governed by a secret constitution - a constitution written by activist lawyers instead of the constitution written by the Framers.
Without getting too deeply into technicalities which, quite frankly, only a lawyer could love, let me summarize in a bit more detail just how spun the torture memos were.